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said County Recorder shall record the same, and said record shall have the full force and effect of the original record; provided, however, the Board of Supervisors of Ventura County shall, within two years, procure a suitable set of books, and make such arrangements as they may agree upon with the County Recorder of Santa Barbara County for transcribing therein all necessary records, properly certified; said records to have the same effect and force of the original records; provided, that the expense of such records shall not exceed the sum of four thousand dollars.

SEC. 10. The County of Ventura shall be attached to and form a part of the Third Senatorial District, and for judicial purposes, shall be attached to and form a part of the First Judicial District. The terms of the District Court shall be held in and for the County of Ventura on the first Monday of March, July, and November of each year.

SEC. 11. The county officers of Ventura County shall, except as otherwise provided by this Act, be elected at the same time as the county officers in other counties of this State, and shall hold their offices for the term fixed by law. They shall give bonds for the faithful discharge of their duties, to be approved by the County Judge, in the following sums: Sheriff, in the sum of six thousand dollars; as ex officio County Tax Collector, in the sum of fourteen thousand dollars; the County Clerk, and ex officio the Recorder and Auditor, in the sum of five thousand dollars; the Assessor, in the sum of five thousand dollars; the County Treasurer, in the sum of twenty thousand dollars; the County Surveyor, in the sum of two thousand dollars; the Coroner and ex officio Public Administrator, in the sum of five thousand dollars. The Supervisors of Ventura County shall provide for the election of their successors, whose term of office shall be three years.

SEC. 12. All officers provided for by this Act shall perform duties as required by the general laws of the State, unless otherwise provided by this Act.

SEC. 13. The Supervisors of Ventura County shall receive for their services four dollars per day, and twenty-five cents per mile for coming to the county seat; provided, that for the year A. D. 1873, and every year thereafter, the per diem and mileage of any one Supervisor shall not exceed the sum of two hundred dollars.

SEC. 14. The officers of Ventura County shall receive the following salaries and fees: The Treasurer shall receive per annum the sum of six hundred dol

lars; the Assessor shall receive per annum the sum of six hundred dollars; the District Attorney the sum of five hundred dollars; the Superintendent of Public Schools the sum of three hundred dollars. The fees of all other officers shall be the same as is provided for in an Act to regulate fees of office, approved March 5th, A. D. 1870, for similar officers in the County of Santa Barbara.

SEC. 15. Ventura County shall be entitled to five Notaries Public, as provided for by law.

SEC. 16. The Superintendent of Public Schools of the County of Santa Barbara shall furnish the Superintendent of Public Schools of Ventura County a certified copy of the last census lists of the different school districts in the territory set apart to form Ventura County, and shall draw his warrant on the Treasurer of Santa Barbara County in favor of the Superintendent of Schools of Ventura County for all money that is or may be due by apportionment, or otherwise, to the different districts (school) of Ventura County.

SEC. 17. All delinquent taxes due the County of Santa Barbara at the time this Act takes effect, from the persons or property in Ventura County, shall be paid to and collected by the proper officers of Ventura County, and the Auditor of Santa Barbara County shall certify such delinquent taxes and tax list in duplicate to the Collector and Auditor respectively of Ventura County; they shall be collected by the officers of Ventura County in the same manner as delinquent taxes are collected in the other counties of the State.

SEC. 18. The Supervisors may issue Ventura County bonds in a sum not to exceed in the aggregate twenty thousand dollars, bearing interest not to exceed ten per cent per annum, payable in ten years from the date of their issuance; the principal and interest of said bonds to be paid in the gold coin of the United States; and may negotiate the same to provide a cash fund to be used in the payment of the first expenses of the county and the salaries of its officers. After the issuance of said bonds, no debt shall be created by the County of Ventura in excess of the amount of money in the Treasury of said county.

SEC. 19. All Acts and parts of Acts, so far as they conflict with the provisions of this Act, are hereby repealed.

SEC. 20. This Act shall take effect and be in force from and after the first day of January, 1873.

21-VOL. II.

Disputed boundaries, how settled.

Report to
Surveyor

CHAPTER II.

GENERAL PROVISIONS RELATING TO COUNTIES.

SECTION 3969. Disputed boundaries, how settled.

3970. Report to Surveyor General on disagreement of Super

visors.

3971. Surveyor General to determine boundary.

3972. Approved surveys to be conclusive.

3973. Surveys heretofore made declared approved and valid. 3974. Cost of survey to be apportioned equally among coun

ties interested.

3975. Which county owns real property when county is divided.

3976. Petition for change of county seat.

3977. Supervisors to order election.

3978. Notice of election, etc.

3979. Election, how held and conducted.

3980. Voter to vote for place he prefers.

3981. Notice of result.

3982. Place chosen to be county seat.

3983. Statement of result.

3984. No second election to be held within one year.

3985. Subsequent removal of county seat.

3969. All common boundaries and common corners of counties not adequately marked by natural objects or lines, or by surveys lawfully made, must be definitely established by surveys jointly made by the surveyors of all the counties affected thereby, and approved by the Boards of Supervisors of such counties, or by a survey made by the Surveyor General, on application of the Board of Supervisors of any county affected thereby.

NOTE.-The Probate Court of the county in which the decedent lived at the time of his death retains jurisdiction of the estate, though the place fall into a new county erected thereafter.-Est. of Harlan, 24 Cal., p. 182. Parol evidence existing in reputation of a boundary is evidence when and in what case.-See Lay vs. Neville, 25 Cal., p. 545.

3970. If the first mode is adopted, and the Board

General on of Supervisors do not agree upon and finally approve

disagreement of

Supervisors the survey, each Surveyor must make a report to the

Surveyor General, with surveys, maps, notes, and explanations touching disputed points.

3971. Upon such reports the Surveyor General must finally determine and establish the common boundaries and corners, if he can collate a satisfactory description therefrom. If the reports are insufficient for such purpose, he must cause surveys to be made, and when approved by him the surveys establish such common boundaries and corners.

Surveyor

General to

etermine

boundary.

surveys

3972. All surveys finally approved under the pro- Approved visions of this Chapter are conclusive ascertainments to be of lines and corners included therein.

conclusive.

heretofore

declared

3973. All surveys and maps of boundary lines Surveys heretofore legally made and approved are declared made valid, and they are primary evidence of the establish- approved ment of such lines, except so far as they are inconsistent with the provisions of this Code.

and valid.

Cost of
to be appor-

survey

tioned

3974. The cost of making such surveys must be apportioned equally among the counties interested, and the Board of Supervisors must audit the same, and the amounts must be paid out of the General County interested. Fund.

equally

among counties

county

owns real

property

when

3975. When a county is divided or the boundary Which is altered, all taxes levied before the division was made or boundary changed must be collected by the officers of and belong to the county in which the territory was situated before the division or change.

NOTE. For equitable claims of one county against another existing after changes of boundary in erecting a new county, and other questions pertaining to indebtedness and liability of one to the other in such cases, see People vs. Alameda Co., 26 Cal., p. 641; Beals vs. Amador Co. Sup., 28 Cal., p. 449.

county is divided.

3976. Whenever the inhabitants of any county of Petition for this State desire to remove the county seat of the county

change of

seat.

Supervisors to order election.

Notice of election, etc.

county from the place where it is fixed by law or otherwise, they may present a petition to the Board of Supervisors of their county, praying such removal, and that an election be held to determine to what place such removal must be made.

NOTE.-Stats. 1850, p. 199, Secs. 1, 2; 1854, p. 198.

3977. If the petition is signed by qualified electors of the county equal in number to at least one third of all the votes cast in the county at the last preceding general election, the Board must, within five days after receiving such petition, order an election, naming the day on which it must be held, not more than sixty nor less than thirty-five days from the time of calling it, specifying its object.

NOTE.-Stats. 1850, p. 199, Secs. 1, 2; 1855, p. 4. If the county seat has been once removed under these provisions, or under the Act which the Codes here extends, then a removal can be had again only as provided in Sec. 3985, post; but if such removal has been had by any other authority, or in any other manner than provided in this Chapter or in the statute which it continues, then any removal under this Code is the original or first removal as contradistinguished from that indicated by the terms "once removed" in Sec. 3985; for the term 66 once removed" is qualified by the words "in the manner prescribed by this Chapter" following; hence any removal asked to be made under Sec. 3985, is so asked because a previous removal was had under the Code or under the Act which by it is continued. Sec. 5, ante, Vol. I of this Code provides that the Code "continues" all existing statutes, which are substantially the same as the Code provisions. The power of the Legislature to authorize a popular vote to locate a county seat is sustained in Upham vs. Sup. of Sutter County, 8 Cal., p. 378; see, also, Dickey vs. Hurlburt et al., 5 Cal., p. 344.

3978. Notice of not less than twenty-five days must be given of the election, by publication in some newspaper, if there is one published in the county, and by posting notices thereof in at least five public places in the county.

NOTE.-Stats. 1850, p. 199, Sec. 3.

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